Aurora, CO asked in Divorce for Virginia

Q: Does alimony have an end date for a marriage of less than 15 years in Virginia?

There is no end date listed. Agreement just states alimony will be paid to the spouse..."until such time the Wife "cohabits" with another in a situation analogous to marriage for a period in excess of 1 year."

If it is permanent, does it even continue after retirement?

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1 Lawyer Answer
Michael Christopher Miller
Michael Christopher Miller
Answered
  • Vienna, VA
  • Licensed in Virginia

A: The order that provides for spousal support will provide its terminating conditions.

Spousal support can end upon the death of either party, or the recipient's remarriage or cohabitation for a year.

If the court ordered support, then it can likely be modified upon showing a material change of circumstances. Whether retirement constitutes a material change, or can give rise to a modification, is a frequently contested issue.

If support was set by agreement, it is not uncommon for agreements to provides that support is non-modifiable or subject to limited modifiability.

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